roopamadhu2004 Posted April 21, 2011 Report Share Posted April 21, 2011 My situation is kind of weird and expecting that my I-485 application may likely be denied. I am planning to withdraw the application. So to apply for H1 B. Should I leave USA and then apply for it, get approval, get stamped and then enter USA? Can't I stay in USA and get H1B approval as I got from when I was on H4. What is the probabbility that I might run into issues due to I-485 pending application during H1 B approval process? Link to comment
Belle Posted April 21, 2011 Report Share Posted April 21, 2011 I-485 will not impact your H1 chances. The success of your H1 will depend on whether you have some other status - or, in this case, have it at the time you will be able to change your status to H1 (October 2011?). Link to comment
pontevecchio Posted April 21, 2011 Report Share Posted April 21, 2011 Your post needs to be reframed with specifics. H1 is dual Intent. Link to comment
roopamadhu2004 Posted April 23, 2011 Author Report Share Posted April 23, 2011 I wanted to retain my current working status and job. So should I go out of USA and then apply for H1 B or can I stay in USA and apply for H1 B? I had H1 B before and so I won't come under 2011 H1 B cap, I believe. My employer should be able to apply anytime. My only concern is I want to continue with my current employer without any break. What can I do retain my working status. (My husband's employer is asking to backout the I-485 application and apply a new one when PD gets current). Link to comment
pontevecchio Posted April 24, 2011 Report Share Posted April 24, 2011 You can have him file a H1 petition for you and it should be possible without leaving. Link to comment
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